Part III Dispute Resolution Under the Bermuda Form, 23 Challenges and Enforcement

Subject(s):

Applicable law — Insurance

This chapter addresses, on a general and introductory basis, issues relating to potential challenges to an award after it has been delivered by a tribunal in a Bermuda Form arbitration. Arbitrations pursuant to Article VI.N of the Bermuda Form often raise difficult legal and factual points, whether on the substantive dispute, or, more occasionally, on procedural questions including issues of jurisdiction. The chapter discusses available venues and limited grounds for challenge, challenges in US courts, enforcement proceedings, confidentiality of arbitration proceedings, tension between necessity of use of award in enforcement proceedings and confidentiality of arbitration, and the enforcement of specific performance award.